Order No. 25 Dated 01/09/2016
The case of the complainants in brief is that the complainant’s wife on 23.2.12 at about 10-00 a.m. received a phone call from the o.p. informing her that she is lucky winner of prize of Rs.25,000/- when she in her utter surprise asked them how she got it. They told her that while she was shopping in the South City Mall they are recorded her name in lucky draw her name came up as a lucky winner and she was asked to visit at Gajraj Chamber next to Ford car show room at Topsia, Park Circus, Kolkata at 11-00 a.m. positively with her husband, and specifically told her not to bring any other person to collect the prize. When the complainant and his wife asked them about the nature of prize and deliver it at their home address they insisted that they should go there to collect it. The complainant no.1 is a senior citizen of 84 years and the complainant no.2 is 77 years and with the help of a stick for walking and after great trouble the complainant and his wife went there. When the complainants entered the office of o.p. they were asked for wait of 10-15 minutes and took them in a big hall where they found some people were sitting there. The officer started showing some picture from the album of different places and induced them to obtain membership of the o.ps. The complainants expressed their inability to be a member when in absence of their son. Thereafter the complainants were assured that they will be entitled to accompany their son with them. The complainants being old persons were totally became perplexed and had to sign on the agreement without going through the same and the officer obtained their signature.
After coming to know of the sinister design of the o.p., the complainants demanded the amount paid by him but the o.ps. refused to pay the amount as such, the case was filed by the complainants with a prayer for refund of the money as well as for other reliefs including compensation for harassment and cost.
The o.p. contested the case by filing w/v and denied all the material allegations of the complaint. It was stated by the o.p. that the complainants duly signed the said contract with their consent at the office of the o.p. where the complainants were invited for a demonstration and on being satisfied of the demonstration and the activities of o.p. club the complainants took the membership by paying Rs.65,000/- and membership card was delivered to them. It was stated by the o.p. that the agreement dt.23.2.12 contained a specific clause regarding the annual maintenance charges to be paid by the complainant every year. The complainants duly signed the said contract with their consent being desirous to enjoy the facilities they signed the form of Country Vacations International Holiday Club. The allegation of deficiency of service and unfair trade practice is not maintainable against the o.ps. The o.p. has good reputation in providing worm and sound facility and vacations to its members. In view of the said facts the o.p. prayed for dismissal of the case.
On the basis of the pleadings of parties the following points are to be decided:
- Were the complainants taken membership on their own accord or they were influenced by the o.p.
- Was the agreement signed by the complainants without going through the same.
- Are the complainants entitled to get the relief as prayed for.
Decision with reasons:
All the points are taken up together for the sake of brevity and avoidance of repetition of facts.
Ld. lawyer for the complainants emphasized that the complainant no.1 was aged about 84 years and his wife was aged about 77 years at the relevant point of time. The complainant no.2 was informed over phone by o.ps. that she has received a gift on the basis of lucky draw, she was asked to visit the office of o.p. along with her husband. Though the complainant no.1 requested the o.ps. to send the gift in their residence but they were insisted to visit their office and accordingly with great inconvenience they reached there. The office of o.p. demonstrated some photographs alluring that those places would be arranged for their visit if they take the membership of the Country Club and without giving any time to think for acceptance of membership the office obtained their signature and Rs.65,000/- was taken from the complainants.
The complainant after coming to know the difficulties they may have to face in visiting the places they wanted to cancel the said membership and demanded the money which was refused, as result of which the complainant had to file this case.
Ld. lawyer for the o.p. argued that the complainant signed the said agreement on their own accord and in the agreement itself it was mentioned that membership fees cannot be returned and as such, the amount was not returned to the complainants. It was also argued by ld. lawyer for the o.p. that the o.p. is a reputed club conducting various tours and they provide cordial hospitality to the members and the complainants on their own accord took the membership, as such, the amount demanded by the complainants could not be returned.
Considering the submissions of the respective parties it is admitted fact that the complainants are aged persons of 84 and 77 years respectively and the o.p. seeing their advance age gave them false assurance that the complainants had won a lucky draw and called them in their office. The complainants were camouflaged by the o.p. along with their officers and without giving any opportunity to the complainants and with the assurance of making arrangement for their sending at different places of interest after obtaining the membership of the said club the signatures were obtained. The complainants after realizing the trap laid by the o.p. and whenever complainant no.1 disclosed his inability to visit the places without their son to which they were assured that they can accompany their son also. Such fact goes to show that the complainants were deceived by the o.ps. and for that purpose the o.p. after obtaining the signature of the complainants disclosed that as per the said agreement the money cannot be returned to the complainants. Such act on the part of o.p. clearly established the fact that the complainants were deceived by o.p. and even the complainants were not returned with the money when the complainants requested the o.p. for having the said money after cancellation of the said membership. Such act clearly shows that there was unfair trade practice on the part of the o.p. Therefore, we hold that the complainants will be entitled to get the relief as prayed for. Thus all the points are disposed of accordingly.
Hence, ordered,
That the CC No.240/2013 is allowed on contest with cost against the o.p. The o.p. is directed to pay to the complainants a sum of Rs.65,000/- (Rupees sixty five thousand) only along with compensation of Rs.20,000/- (Rupees twenty thousand) only for harassment and mental agony and litigation cost of Rs.5000/- (Rupees five thousand) only within 30 days from the date of communication of this order, i.d. an interest @ 10% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.
Supply certified copy of this order to the parties free of cost.
